The demolition taskforce (a work group formed by the Blueprint Denver committee) has offered the attached text of a proposed ordinance. There is some good news here, such as the 120 window of protection starting from the submission of an application (previously a 90 days starting from the demolition request date). This draft also corrects the imbalance between historic districts (which enjoy perpetual protection once designated) and individual landmarks (which are currently given only a 12-month stay from demolition), but mostly what's new is bad.

The previously-discussed 10-day "filter" process is actually even worse than previously discussed. Not only will staff have entire control of the process (ending review of an estimated 90% of applications after looking at just a single photo), but the 10 day window could be as little as 1 day, depending on when the determination is made. Even the most vigilant activists would have no time for review. Nor are there any provisions for posting the request for demolition, so folks won't even know about it.

This is toothless, and unfortunately so. The public needs to know about a demolition, because it is the community's interest in a historic property that will be destroyed. The timeframe, staff control, process for review, and notification are all have been neutered this proposal... to the obvious detriment of the community.

A new provision also enables homeowners to certify their homes as nonhistoric, so developers can buy a property with confidence in their freedom to scrape the existing structures. This process includes a 30-day window, immediate notification of RNOs, and no staff intervention. This process is not ideal, but could be made better with a slightly longer review period (since the property is not under immediate threat of demolition) and notification of historic organizations (e.g., Historic Denver).

However, the really damaging bits start with the superficial survey of historic properties referenced in 30-6(1)(d). It is crucial to note that once an area survey is completed, any structure NOT listed as potentially historic would be fully indemnified from the demolitions permitting process. That is, any failure to gain listing in that superficial survey would mark a structure as officially non-historic... without any protections of a 10-day filter, external notification, or a final opportunity to submit a landmark application.

You may not believe this, but even if the citywide survey isn't ever done, that weak 10-day filter process described in 30-6(1)(b) would become entirely null and void. That is, aside from the determinations of the area survey discussed above, all of the so-called protections in this demolition permitting process could quietly slip away after five years... as if nothing had happened.

Developers have certainly co-opted the process, from the extraordinarily weak "filter" to the friendly "non-historic" certificate to the superficial survey and the quiet sunset period. But, really... what are you going to do about it?